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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My son owns his own home and is paying a mortgage. His girlfriend

Resolved Question:

My son owns his own home and is paying a mortgage. His girlfriend moved in just under a year ago. She buys the food and gives him about £125 p.m. towards the household bills.
They are having relationship problems. Does she have any claim on his house?
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.May I clarify that they had no children together please?do they have any formal written agreement in relation to her occupation?You mentioned that she pays him approximately hundred and £125 per month. as you pay this money directly to him as opposed to direct to the mortgage?
Customer: replied 2 years ago.

they have no children

no written agreement in relation to her occupation

It is not paid to the mortgage it is just general household expenses

Customer: replied 2 years ago.

they have no children

no written agreement in relation to her occupation

it is not paid to the mortgage it is just general household expenses

Expert:  Joshua replied 2 years ago.
Thank you. Generally the position is very straightforward but there is a potential trap your son will need to be careful to avoid though that should not be at all difficult here based on what you say.If your sons girlfriend pays money each month towards outgoings or as rent, then her position is that of "excluded occupier" (often known as a lodger) either paying rent or no rent and just contributing towards some outgoings. If this is the case then she is entitled to minimum written notice equal to one rent period if she is paying rent which notice should come to an end (the vacation day) the day before rent has customarily being paid if it is on the same day each month. If she is not paying rent but rather just outgoings then she is entitled to a minimum period of 28 days notice under the Protection Against Eviction Act. If there is any doubt, it is better to assume that she is paying rent and serve notice on this basis. He should retain a copy of the notice he provides. If she refuses to move out, he can simply, following expiry of the notice, change the locks whilst she is out and refused to readmit he and if necessary, call the police if there is a breach of the peace as a result.If he is forced to take this action, he has a duty of care in respect of her belongings and must arrange a mutually convenient time place or method to return those belonging safely though he need not necessarily readmit her into the property to retrieve themThe potential trap to avoid is that if she were to claim that her payments were instead payments towards a repayment mortgage, it is feasible for her to claim she has made capital payments towards his property (the repayment of capital not the interest) and therefore has an equitable (money) interest in his property. If she establshes this she can also establish a right of occupation until the matter is settled potentially by your son repying her the interest she claims. In short this has the potentially to be very messy and potentially costly. However this is not a significant risk in this case because the amount she has paid a comparatively low and she has paid them directly to your son not to the mortgage and accordingly, providing your son is clear that the amounts he is receiving our either rent or a contribution towards outgoings, this is not an appreciable risk in this case.one last point to make is notwithstanding the above, because they have been in the relationship and living together, although your son has the right to serve notice as set out above, she also has the right to apply to court for an occupation order. An occupation orders available to individuals who are living together and have been in a relationship together to allow the party he was required to leave the home sufficient time to find alternative accommodation. Occupation orders can be granted for several months to allow the leaving party sufficient time to rehouse themselves. Therefore, although from housing law perspective, your son need only provide the above minimum notice periods, in order to reduce the risk of an occupation order being granted if she were to apply for one, your son may decide to provide a longer notice and is strictly required and the housing law. If example, you were to provide her with a notice of two or three months, the likelihood of an occupation order being granted if she were to apply for one is reduced. For the avoidance of any doubt, an occupational that is not grant her any proprietary interest in the property, but merely a right to continue to occupy the property for a period sufficient to allow her to rehouse herself.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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